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Service Tax cannot be levied on rent received for leasing fit outs

October 3, 2018 1848 Views 0 comment Print

M/s. Khivraj Techpark Pvt. Ltd. Vs Commissioner of Service Tax (CESTAT Chennai) The issue that arises for consideration is whether the appellants are liable to pay service tax on the rent received for leasing the fit outs. Undisputedly, the appellants have entered into two different agreements for leasing the premises and leasing the fit The […]

S.263 CIT cannot treat Loss as speculative which was treated as business by AO with due application of mind

October 3, 2018 744 Views 0 comment Print

Where AO after making adequate enquiries and verification held that forward contract loss was allowable as normal business loss, CIT was not justified in treating the same as speculative one and the assessment order as erroneous and prejudicial to the interest of revenue.

Addition for ON MONEY received on Sale of Flat should be based on evidence found during search

October 3, 2018 8151 Views 0 comment Print

M/s Runwal Projects Pvt Ltd Vs DCIT (ITAT Mumbai) There is no dispute with regard to the fact of receipt of on-money from sale of flats. This fact has been admitted by the assessee including its director in the statement recorded during the course of search. This fact is also supported by incriminating material found […]

CIT cannot invoke revisionary jurisdiction against draft assessment order

October 3, 2018 1695 Views 0 comment Print

M/s. Apollo Tyres Limited Vs Addl. CIT (ITAT Cochin) A draft order, as such, is not appealable, except to be challenged by the assessee before the DRP, which exercises the power, inter alia, to make enhancement. The very rationale in the giving the power of enhancement to the DRP is to correct the draft order […]

Allow filing of GST TRAN-1 either online or manually: Rajasthan HC

October 3, 2018 1857 Views 0 comment Print

SRF Limited Vs Additional Commissioner (Rajasthan High Court) Hon’ble Rajasthan High Court after taking cognizance in a bunch of writ petition filed, relating to loss of right to avail balance of input tax credit on account of technical difficulties in filing TRAN 1 has  directed the additional Commissioner to provisionally entertain the GST TRAN- 1 […]

Incorporation of LLP through a complete online system made a reality 

October 3, 2018 1407 Views 0 comment Print

Today, one can start business by incorporating a company through an on-line process without visiting any Government office. This was achieved in January, 2016 by establishing Central Registry Centre (CRC) for on-line incorporation of the company and reserving its unique name.

Lessons for Rahul Gandhi from his Partyman

October 3, 2018 1092 Views 0 comment Print

The Congress Party, for the last few days, has been busy spreading disinformation about the Government’s possible moves in relation to the private sector company IL&FS. The Congress is a national saboteur. It wants to sabotage India’s economy by allowing a situation in relation to a company to persist, expand and become unmanageable. It lacks statesmanship and vision.

Interest u/s 234E cannot be levied in respect of TDS returns filed prior to 1.6.2015

October 3, 2018 3804 Views 0 comment Print

M/s. Terra Infra Development Limited Vs ITO (ITAT Hyderabad) Provisions for levy of fee in certain cases has been brought into the Statute book w.e.f. 1.7.2012, it has been brought under the purview of section 200A only w.e.f. 1.6.2015. Therefore, as rightly held by the Coordinate Bench in the case of M/s. Sonalac Paintings & […]

SEBI (Appointment of Administrator and Procedure for Refunding to the Investors) Regulations, 2018

October 3, 2018 4866 Views 0 comment Print

These regulations may be called the Securities and Exchange Board of India (Appointment of Administrator and Procedure for Refunding to the Investors) Regulations, 2018. (2) They shall come into force on the date of their notification in the Official Gazette.

SEBI (Depositories and Participants) Regulations, 2018

October 3, 2018 18816 Views 0 comment Print

1. (1) These regulations may be called the Securities and Exchange Board of India (Depositories and Participants) Regulations, 2018. (2) They shall come into force on the date of their publication in the Official Gazette.

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